Gunson v. Healy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1881, No. 185. Trespass vi et annis, by James Healy against John Gunson and Joseph Ryan et al. The act complained of -was the going of the defendants upon a strip of plaintiff’s land used as a road and there attempting to cut and tear down a fence which plaintiff had erected across said road. Plea, not guilty.
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Error to the Court of Common Pleas of Berks county: Of January Term 1881, No. 185. Trespass vi et annis, by James Healy against John Gunson and Joseph Ryan et al. The act complained of -was the going of the defendants upon a strip of plaintiff’s land used as a road and there attempting to cut and tear down a fence which plaintiff had erected across said road. Plea, not guilty. On the trial, before Hagenman, P. J., the following facts appeared : — In 1829 Daniel Hunter, being the owner of a tract land fronting on the canal of the Schuylkill Navigation Company, granted a portion thereof,…
1Opinion of the Court
Mr. Jnstice Sterrett
delivered the opinion of the Court, October 2d 1882.
The subject of complaint in the first specification is the refusal of the court to charge, as requested in defendant’s second point: “ That the right of way in dispute is appurtenant to the land of Thomas Gunson, and he and all persons, using his land with his permission, have a right to pass and repass to and from said premises over and upon said right of way.”
This proposition fairly presents the controlling question in the case; and, in view of the uncontradicted evidence on which it is based, we are clearly of opinion…
2Cited by11 opinions
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- Seidler v. WainSupreme Court of Pennsylvania · 1920
- Bowers v. MyersSupreme Court of Pennsylvania · 1912
- Paci v. ShipleySuperior Court of Pennsylvania · 1949
- Commonwealth v. BurfordSuperior Court of Pennsylvania · 1909
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